WORLD TRADE  
ORGANIZATION  IP/N/1/TON/1 
2 June 2009 
 
 (09-2644) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English 
 
 
 
NOTIFICATION OF LAWS AND REGULATIONS 
UNDER ARTICLE 63.2 OF THE AGREEMENT 
 
TONGA 
 
  By means of a communication from its Permanent Mission, dated 21 April 2009, the following notification has been received from the Kingdom of Tonga under Article 63.2 of the TRIPS Agreement. 
 
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  In accordance with Article 63.2 of the Agre ement on Trade-Related Aspects of Intellectual 
Property Rights and the procedures laid down by  the Council for Trade-Related Aspects of 
Intellectual Property Rights in November 1995, th e Government of the Kingdom of Tonga hereby 
notifies the Council of its laws and regulations rela ting to the fields covered by the Agreement, as 
follows:  
• The "main laws and regulati ons" are listed in Annex I. 
 
• "Other laws and regulations " are listed in Annex II. 
 
• Some information on the draft legislation is given in Annex III. 
 
  IP/N/1/TON/1 
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  ANNEX I 
 
MAIN LAWS AND REGULATIONS 
 
 
TITLE
 
DATE OF ADOPTION AND 
ENTRY 
INTO FORCE 
   
BRIEF DESCRIPTION
 
Industrial Property  
 
Industrial Property Act, 19941 
 
Currently in force.  However 
currently drafting Industrial Property (Amendment) Bill 2009 which is tabled in the Drafting Committee Schedule for 2009.   
 The amendments will ensure compliance with WTO commitments and TRIPS and TRIPS-plus provisions including compulsory licensing, parallel importing and data exclusivity.
 
Copyright  
 
Copyright Act, 20022 
 
Currently in force since 30 July 2002. 
 An act to provide for comprehensive provisions with respect to Copyright law.  
 
Geographical Indications  
 Protection of Geographical 
Indications Act, 20023 
 
Currently in force since 
3 September 2002.  The protection of geographical indications plays an important role in commercial relations both at the national and international 
levels.  Wrongful use of geographi cal indications is contrary to 
honest practices in industry and trade, is misleading for purchasers of the goods for which the indications are used and the persons 
who wrongfully use such indications secure an unfair advantage 
over their competitors.  Geographical indications are applied to natural and agricultural products an d to the products of handicraft 
and industry such as wood, sugar, fruit, wine, coffee, tea, tobacco, 
textile goods, woven goods.  A geographical indication can 
contribute to the reputation of a product.  It creates goodwill 
among consumers and can assist immensely in export promotion.  The Act is designed to provide for a system of protection of geographical indications that is uncomplicated and which complies with international obligations in the field of intellectual property. Draft regulations to the Act are currently with Crown 
Law its status being that the re gulations need to be redrafted 
according to drafting protocols and drafting instructions.
 
                                                      
1 To be circulated in document IP/N/1/TON/I/1. 
2 To be circulated in document IP/N/1/TON/C/1. 
3 See document IP/N/1/TON/G/1.  IP/N/1/TON/1 
 Page 3 
 
 
  TITLE  
DATE OF ADOPTION AND 
ENTRY 
INTO FORCE 
   
BRIEF DESCRIPTION
 
Layout Design (Topography) of Integrated Circuits
 
 
Protection of Layout Designs 
(Topography) Of Integrated 
Circuits Act, 20024 
 Currently in force since 
3 September 2002.
 It is an Act, which puts forward the basic principle, namely, that 
protection may only be obtained for layout-designs or topography of integrated circuits, which are original.  This was drafted along 
the lines of the Washington Treaty and the TRIPS Agreement to 
ensure Tonga's compliance therewith.  Draft regulations to the Act are currently with Crown Law, its status being that the regulations need to be redrafted according to  drafting protocols and drafting 
instructions.
 
Unfair Competition  
 
Protection Against Unfair 
Competition Act 20025 
 Currently in force since 5 September 2002.
 This Act was enacted in line w ith Tonga's obligations under the 
TRIPS Agreement and the Paris C onvention and in order to award 
protection against acts or practic es that may be deemed unfair 
competition under those agreements and the said Act.  With regard to Intellectual Property, the protection against unfair competition constitutes a supplementa ry protection, additional to 
the protection of specific intellectual property subject-matter in terms of protecting it against any violation of the secrecy of the 
inventor/invention or in the form of protection against unfair 
competitive behaviour in trademark practices.
 
 
 
                                                      
4 See document IP/N/1/TON/L/1. 
5 See document IP/N/1/TON/O/1. IP/N/1/TON/1 
Page 4  
 
  ANNEX II
 
 
OTHER LAWS AND REGULATIONS 
 
 
 
TITLE 
DATE OF ADOPTION AND ENTRY  
INTO FORCE 
  
 
BRIEF DESCRIPTION  
  
  
Civil judicial procedures and remedies  
  
Supreme Court Rules 2007 made pursuant to 
section 6 of the Supreme Court Act (Cap. 10).  
 
 
   These rules govern judicial proceedings and 
prescribe modalities of civil proceedings in the 
superior courts of Judicature.  
 
  
 
  
  IP/N/1/TON/1 
 Page 5 
 
 
  ANNEX III  
 
SOME INFORMATION ON THE DRAFT INTELLECTUAL PROPERTY LAWS  
 
 
 Legislative work for the adoption of the in tellectual property rights commitments will be 
completed by the end of the next meeting of Parlia ment, which is scheduled for May 2009.  The delay 
is due to several factors:  the complexity of so me of the legislation; the civil disturbances of 
16 November 2006 resulting in the imposition of emerge ncy rule, which required priority in terms of 
legislative work in addressing the consequences and causes of the unrest such as the need to institute 
political reforms.  Now that the situation is graduall y returning to normal, the Government is focusing 
on implementing its legislative action plan, incl uding the outstanding intellectual property rights 
legislation.   
 
 
Enforcement and Border Measures  
 
This Bill seeks to 
 
• provide for actions which constitute an infri ngement and the remedies available which are 
contained in the respective Intellectual Property Laws  that currently exist.  This is essential to 
ensure full compliance with the minimum st andards set out in the TRIPS Agreement.  
 
 
 
Plant Variety Protections  
 
The new Bill seeks to: 
 
• protect a plant variety if it is new, distinct, uniform and stable for twenty years and twenty-
five years in cases of trees and vines; 
 
• give the right of registration to the breeders; 
 
• make unlawful the exploitation of the propagating material of the plant variety by third parties 
without the authorization of the holder of the breeder’s right; 
 
• provide for exhaustion of rights; 
 
• establish a system of compulsory licences; 
 
• provide civil remedies and criminal sanctions for wilful infringements. 
 
 
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